Force Policy- Home visits and risk assessments of sexual offenders management

The request was partially successful.

Dear West Mercia Police,

1) Please provide the Force Policy and Procedure on Home visits and Risk assessments of Registered Sexual Offenders and their management in line with their level of risk.

This information isn't provided at https://www.westmercia.police.uk/article....

WMPF Website references: "The MAPPA Annual Reports for West Mercia and Warwickshire provide further information and can be found via the links opposite".

Should you direct me to this link these reports are not current as they are 2013-14.

2) Do WMPF work to a national policing policy (Authorised Professional Practice, National Policing College, https://www.app.college.police.uk/app-co...) or adopt their own rules.

3) I reference to https://westmerciapolice.tal.net/vx/mobi...

"To conduct home visits and risk assessments with the offenders they manage IN LINE WITH THEIR LEVEL OF RISK and FORCE POLICY and PROCEDURE".

This clearly implies there is a Force Policy to follow for Offender Management Coordinators and Police officers.

Yours faithfully,

Mr MCJ Chambers

Information Compliance, West Mercia Police

Dear Mr Chambers

 

FREEDOM OF INFORMATION REQUEST REFERENCE NO: 10273

 

I write in connection with your request for West Mercia Police information
which was dated and received on 14^th September 2018.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances West Mercia Police may be unable to achieve
this deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of the
information you request.  If this is the case you will be informed and the 20
working day timescale will be suspended until we receive payment from you. If
you chose not to make payment then your request will remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

 

Yours sincerely

 

 

Administrator – Information Compliance

Warwickshire Police and West Mercia Police

01905 331 545

[1]www.warwickshire.police.uk

[2]www.westmercia.police.uk

 

References

Visible links
1. http://www.warwickshire.police.uk/
2. http://www.westmercia.police.uk/

Dear Information Compliance,

With reference to your quote made 18th September 2018 below:
"Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances West Mercia Police may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity".

You have not replied in line with your FOI request Force Policy in relation to "Home visits and risk assessments of sexual offenders management" promptly, as normally required by "law".

I see no reason for such a delay as stated in your quote.

You have made no effort to inform me of any such reasons for a delay prior to the 20 working day timescale which was the 12th October 2018, this is stated in the FIO Act as you well know.

WMPF are there to enforce the law yet can't provide simple information to conform to the law themselves.

Should you continue to refuse to provide an update to this request immediately i will request an internal review.

Yours sincerely,

Mr MCJ Chambers

Information Compliance, West Mercia Police

 
Dear Mr Chambers
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 10273
I write in connection with your request for information which was received
on 14^th September 2018. Please find below the response to your request:
1) Please provide the Force Policy and Procedure on Home visits and Risk
assessments of Registered Sexual Offenders and their management in line
with their level of risk.
REPLY: Your request for information has now been considered and I am not
obliged to supply the information you have requested.
Section 17 of the Freedom of Information Act 2000 requires West Mercia
Police (WMP) when refusing to provide such information (because the
information is exempt) is to provide you the applicant with a notice
which:
(a) States that fact
(b) Specifies the exemption(s) in question and
(c) States (if that would not otherwise be apparent) why the exemption(s)
applies.
 
The information is exempt from disclosure by virtue of the following
exemption;
 
Section 31(1)(a) – Law Enforcement
Section 31 is a qualified, prejudice-based exemption and therefore I am
obliged to provide evidence of harm and a public interest test.
 
Evidence of Harm:
Where a disclosure is made that will provide the full operating procedures
of sensitive areas of policing, there is potential for future disruption
by individuals that will be prejudicial to law enforcement
 
Public Interest Test
Considerations favouring disclosure
Disclosure of the information requested would identify the capabilities
and tactics of the force and provide the public with reassurance that the
force has the ability and, is appropriately dealing with all areas of
policing.
Information that relates directly to the operational effectiveness and
efficiencies of the force is a positive factor favouring disclosure. The
public have a right to know that they are being protected in an
appropriate and diligent manner.
 
Considerations favouring non-disclosure
Disclosure of information that can affect the current and future law
enforcement capabilities of the force will always favour non-disclosure.
On this occasion, providing the full operating procedures for the
management of sexual offenders and violent offenders would allow those
individuals with advanced knowledge of force tactics and ability to cause
disruption.
Management of sexual offenders and violent offenders is an essential
tactic used by Police forces across the country and it is vital that the
integrity of this tactic is retained.
 
Balancing test
Public knowledge of how their funds are being spent and assurance that the
Police service are doing all they can to ensure public safety is
maintained, is always a positive factor in disclosure.
However, disclosure of this nature is more likely to have the opposite
affect, Disclosure of the information would provide details of tactics and
capabilities in a highly sensitive policing area.
Public safety and the ability to deliver effective law enforcement is of
paramount importance to the Police Service.  Provision of information that
may impact of the force`s ability to manage offenders would compromise
both law enforcement and the health of safety of individuals.  Therefore,
at this moment in time, it is our opinion that for these issues the
balancing test for non disclosure is made out
 
In order to assist, please be advised that information regarding Police
management of sexual offenders and violent offenders is available in the
public domain on the College of Policing APP website
[1]https://www.app.college.police.uk/app-co...
 
Also, Up to date MAPPA annual reports are available on the force website:
[2]https://www.gov.uk/government/publicatio...
 
2) Do WMPF work to a national policing policy (Authorised Professional
Practice, National Policing College,
[3]https://www.app.college.police.uk/app-co...)
or adopt their own rules.
REPLY: Yes, West Mercia Police work to APP
3) I reference to
[4]https://westmerciapolice.tal.net/vx/mobi...
"To conduct home visits and risk assessments with the offenders they
manage IN LINE WITH THEIR LEVEL OF RISK and FORCE POLICY and PROCEDURE".
This clearly implies there is a Force Policy to follow for Offender
Management Coordinators and Police officers.
 
REPLY: Please be advised that this is not a valid Freedom of information
Act request as it does not fulfil Section 8 of the Act. It is not a
question or a request for specific recorded information
Every effort has been made to ensure that the response provided is as
accurate as possible.
Please be advised that the time limit for response to this request was
extended due to the consideration of Section 31, but please accept our
apologies for not notifying you of this extension.
Your attention is drawn to the below which details your right of
complaint.
Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.
Yours sincerely
 
Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
 
West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
owner’s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
COMPLAINT RIGHTS
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Information request. Complaints should be made in writing and addressed
to:
West Mercia Police Headquarters
Information Compliance Unit
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
or
Email:  [West Mercia Police request email]
In all possible circumstances, WMP will aim to respond to your complaint
within 20 working days.
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at [5]https://ico.org.uk/ Alternatively, phone
or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113 (local rate) or 01625 545745 if you prefer to use a
national rate number
Fax:    01625 524 510
 
 
 
 

References

Visible links
1. https://www.app.college.police.uk/app-co...
2. https://www.gov.uk/government/publicatio...
3. https://www.app.college.police.uk/app-co...
4. https://westmerciapolice.tal.net/vx/mobi...
5. https://ico.org.uk/

Dear Information Compliance,

I will be responding further but unlike on WMPF website the following information is fully available in relation to national policing of home visits to RSO and can be found on the APP College of Policing website link below yet you state it is secret information and would not be in the public interest to provide it in my FIO request.

https://www.app.college.police.uk/app-co...

Yours sincerely,

Mr MCJ Chambers

Dear West Mercia Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of West Mercia Police's handling of my FOI request 'Force Policy- Home visits and risk assessments of sexual offenders management'.

You have refused to provide information to request (1).

Yet you quote:
Public Interest Test
Considerations favouring disclosure
Disclosure of the information requested would identify the capabilities
and tactics of the force and provide the public with reassurance that the
force has the ability and, is appropriately dealing with all areas of
policing.
INFORMATION THAT RELATES DIRECTLY TO THE OPERATIONAL EFFECTIVENESS AND EFFICIENCES OF THE FORCE IS A POSITIVE FACTOR FAVOURING DISCLOSURE.
THE PUBLIC HAVE A RIGHT TO KNOW THAT THEY ARE BEING PROTECTED IN AN APPROPRIATE AND DILIGENT MANNER.

It is clearly in the public interest to know WMPF Force Policy on how they manage RSO and how this takes place specifically in relation to their given risk level. The general public have the right to this information due to the statement "The public have a right to know that they are being protected in an appropriate and diligent manner.

With reference to the minimal information on the WMPF below taken from https://www.westmercia.police.uk/article...

Managing sexual offenders and violent offenders
The role of the Registered Sex Offender Management Units (RSOMUs) is:

to manage Registered Sex Offenders (RSOs) and Violent Offenders (VOs) who are subject to the statutory Multi-Agency Public Protection Arrangements (MAPPA) ensuring they comply with their requirements as RSOs and any orders placed on them by courts
to work with statutory and voluntary agencies to manage the risk around RSOs and VOs to protect communities from harm.
to conduct home visits and risk assessments with the offenders they manage in line with their level of risk and Force Policy and Procedure.

The department isn't known as RSOMUs but it is now known as MOSOVO or Managing of Sexual Offenders and Violent Offenders, that isn't even correct on your website and shows a lack of providing up to date information to the public. It has been noted you have corrected a link to MAPPA 2013-14 document AFTER i made this FIO request now replaced with 2016-17.

I have already been informed that WMPF now adopted a reactive approach to managing RSO and so providing the information requested doesn't effect the following quote you have made "Evidence of Harm:
Where a disclosure is made that will provide the full operating procedures of sensitive areas of policing, there is potential for future disruption by individuals that will be prejudicial to law enforcement"

The current guidance on SOR Home Visits is a minimum timescale and thus doesn't give away full operating procedures of sensitive areas of policing but will reassure the public WMPF make regular visits dependant on ACTUAL RISK to the public. Thus are not wasting valuable police time in making unnecessary visits due to over zealous policing. Information on the WMPF website fails to provide the public with even basic facts or how to source them.

As previously stated the information is included on national police websites below and i conclude your refusal is based on discrimination after internal communication.

Policing College Major investigation and public protection
Home visits
https://www.app.college.police.uk/app-co...

NPPC - New tailored approach to managing registered sex offenders introduced
29 Jun 2017
https://news.npcc.police.uk/releases/new...

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/f...

Yours faithfully,

Mr MCJ Chambers

Dear Information Compliance,

Further to my request for an internal review of my FOI request i attach various links to yet more public websites, books and documents containing the information i requested. Hence the information you refused is in the public domain.

http://www.nota.co.uk/media/1365/b4-kier...

https://assets.publishing.service.gov.uk...
Pages 27-30 for example.

Home Office Document - Risk Assessment and Management of Known Sexual and Violent Offenders:
A review of current issues

http://webarchive.nationalarchives.gov.u...

A book - Policing Sexual Offences and Sex Offenders - http://www.bookmetrix.com/detail/chapter...
Section 6 - https://link.springer.com/chapter/10.105...

Plus two previous provided websites.

https://news.npcc.police.uk/releases/new...

https://www.app.college.police.uk/app-co...

I am sure there are loads more available on the internet.

Yours sincerely,

Mr MCJ Chambers

Information Compliance, West Mercia Police

 
Dear Mr Chambers
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 10273. Review Request
I acknowledge receipt of your correspondence of 16th October 2018
requesting that West Mercia Police review its response regarding your
recent Freedom of Information request.
Please be advised that this matter has been referred for Internal Review.
Every effort will be made to respond to you by 13th November 2018
Should you have any further enquiries concerning this matter in the
meantime, please write or telephone the Information Compliance Unit
quoting the reference number above.
Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
 
 

Dear Mrs R Williams,

Thank you for confirming you have passed this FIO request for an internal review, you have though failed to state who will be undertaking such a process, for example, there name and rank within WMPF.

I wish to further bring to your attention a further document which is in the public domain, this provides the information you have refused.
I refer you to the following titled paper "Policing registered sex offenders"
Author(s): Stephanie Kewley, (Centre for Applied Criminology, Birmingham City University, Birmingham, UK)

https://www.emeraldinsight.com/doi/abs/1...

The purpose of this paper is to OUTLINE CURRENT POLICE RISK ASSESSMENT AND MANAGEMENT PRACTICE when working with those convicted of sexual offences. The paper introduces the NEWLY IMPLEMENTED ACTIVE RISK MANAGEMENT SYSTEM (ARMS), a risk- and strengths-based tool used by the police across England and Wales.

Design/methodology/approach
A brief review of the literature and current practice is discussed.

Findings
The paper notes that in order for practitioners to work in a context of rehabilitation and reintegration, particularly one that supports clients convicted of sexual offending, there is a real need for practitioners to have the skills and experiences to work with this group. They also need to hold core values that support the notion of change and they ought to be fully supported through formal supervision and training.

Practical implications
Following are the practical implications of this paper: ∙training ought to be regular and ongoing; formal supervision sessions should be made available for all ARMS assessors; assessors ought to be assessed and observed in practice; and performance measures must be related to the quality and effectiveness of the design and implementation of risk management plans rather than the quantity of plans or home visits.

Originality/value
Very little has been written about this unique group of police practitioners who work to assess and manage people with sexual convictions. Even less is known of the effectiveness and applicability of the ARMS tool. Thus, this review is of value to academic and practitioner audiences.

Keywords:
Risk assessment, Risk management, Police, Strengths, Sex offender, Practitioner skills

Type:
Viewpoint
Publisher:
Emerald Publishing Limited
Copyright:
© Emerald Publishing Limited 2017
Published by Emerald Publishing Limited
Licensed re-use rights only
Citation:
Stephanie Kewley, (2017) "Policing registered sex offenders", Journal of Forensic Practice, Vol. 19 Issue: 4, pp.296-300, https://doi.org/10.1108/JFP-03-2017-0006

I look forward to you providing the FOI request at your earliest convenience on review.

Yours sincerely,

Mr MCJ Chambers

Dear Mrs R Williams,

I accept i must await WMP Internal Review process but i don't believe you should not be able to confirm who will be undertaking such a process, for example, there name and rank within WMPF.

Yours sincerely,

Mr MCJ Chambers

Information Compliance, West Mercia Police

Dear Mr Chambers
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 10273 Internal Review
I write in response to your correspondence dated 16th October 2018
requesting that West Mercia Police review its response regarding your
recent Freedom of Information request.
The Force responded to your recent request on 15th October 2018 and
advised that information for question 1 of the request was not available
as it attracted exemptions, the force responded to the affirmative for
question 2, and advised that question 3 was not valid.
 
You asked us to review the response to question 1 - the Force Policy and
Procedure on Home visits and Risk assessments of Registered Sexual
Offenders and their management in line with their level of risk.
I have re-circulated the request to the business owner of the subject area
and can advise that, as a result of this, the force have amended their
response for this part of the request. The force initial application of
exemptions was to a procedure that I have established was out of date and
no longer used by the force.
The updated response to question 1 is now as follows:
1 - the Force Policy and Procedure on Home visits and Risk assessments of
Registered Sexual Offenders and their management in line with their level
of risk.
REPLY: No specific recorded information held. West Mercia Police do not
have a specific force Policy and Procedure on Home visits and Risk
assessments of Registered Sexual Offenders and their management in line
with their level of risk.
West Mercia Police operate in accordance with 'Authorised Professional
Practice' in managing sexual offenders and violent offenders. This
information is available on the College of Policing Website via the link
[1]https://www.app.college.police.uk/app-co...
In addition, West Mercia Police complies with policing practice provided
by the National Police Chiefs Council in this business area.
 
I hope that this is of assistance.
 
 
Your attention is drawn to the below which details your right of
complaint.
 
Yours sincerely
 
Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
 
Complaint
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at [2]https://ico.org.uk/ Alternatively, phone
or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number
Fax: 01625 524 510
 
 
 

References

Visible links
1. https://www.app.college.police.uk/app-co...
2. https://ico.org.uk/

Dear Information Compliance,

I thank you for providing the information requested after an internal review to my request one.

I note there is no apology for this mistake as you state "The force initial application of exemptions was to a procedure that I have established was OUT OF DATE and no longer used by the force".

Had i not asked for an internal review this request would have been refused.

Yours sincerely,

Mr MCJ Chambers